Regulation respecting fees for the transcription, reproduction or transmission of documents or personal information

ACCESS TO DOCUMENTS — FEES

Act respecting Access to documents held by public bodies and the Protection of personal information

(chapter A-2.1, ss. 11, 85 and 155).

A-2.1

04April 0112016

The fees prescribed in the Regulation have been indexed pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 26 May 2018, page 301. (ss. 3, 5.2, 6, 7, 8, 9, 10, 10.1, Sch. I, II). (Effect from 1 April 2018.)

CHAPTER I

GENERAL

1.The fees for the transcription or reproduction of documents or personal information held by a public body are those listed in Schedules I and II, unless specified in Chapter II of this Regulation.

O.C. 1856-87, s. 1.

2.This Regulation does not apply to documents a public body may offer for sale.

O.C. 1856-87, s. 2.

3.A person whose right of access to a document or personal information is recognized is exempt from payment of any transcription, reproduction or transmission fee therefor, up to $7.75.

The first paragraph does not apply to the documents and personal information specified in Chapter II of this Regulation.

O.C. 1856-87, s. 3.

4.Where the transcription or reproduction of a document or personal information must be done by a third party, the fees for such transcription or reproduction are those actually paid to the third party by the body in question, subject to the exemption prescribed by section 3.

O.C. 1856-87, s. 4.

5.Subject to the exemption prescribed by section 3, the fees for transmitting a copy or transcribing a document or personal information are those disbursed by the body for such transmission.

O.C. 1856-87, s. 5.

5.1.A deposit equal to 50% of the approximate amount of the fees that the public body intends to impose may be required by the public body before the transcription, reproduction or transmission of a document, where the amount is $100 or more.

In cases where the fees are fixed, full payment may be required before the reproduction or transmission of a document.

Payment may be required upon delivery regardless of the amount of the fees imposed.

O.C. 1844-92, s. 1.

5.2.The fees for the reproduction or transcription of computerized information requiring a central processing unit reading of a series of documents are calculated at the actual cost of reproduction and transcription up to $1.05 per second of computer time required to process the request.

The amount of any fees so required shall be clearly indicated in any estimate of fees respecting a request for access.

O.C. 1844-92, s. 1.

5.3.The fees provided for in this Regulation and the amount of the franchise provided for in section 3 shall be indexed on a 1 April of each year on the basis of the rate of increase in the general Consumer Price Index for Canada for the 12-month period ending on 30 September of the preceding year, as determined by Statistics Canada.

The fees thus indexed shall be rounded off as follows:

(1) where the amount is less than or equal to $1, it shall be increased or decreased to the nearest hundredth of a dollar;

(2) where the amount is greater than $1 but less than or equal to $10, it shall be increased or decreased to the nearest multiple of $0.05;

(3) where the amount is greater than $10 but less than or equal to $50, it shall be increased or decreased to the nearest multiple of $0.25.

The Minister responsible for the reform of Democratic Institutions and Access to information shall inform the public, through the Gazette officielle du Québec, of the indexing calculated under this section.

O.C. 1844-92, s. 1.

CHAPTER II

SPECIAL CATEGORIES OF DOCUMENTS AND PERSONAL INFORMATION

DIVISION I

DOCUMENTS ISSUED BY THE SOCIÉTÉ DE L’ASSURANCE AUTOMOBILE DU QUÉBEC

6.The fees for the reproduction, transcription or transmission of information obtained under the Highway Safety Code (chapter C-24.2) are as follows:

The holder of a licence or registration is exempt from payment of the fees prescribed by subparagraph 1 of the first paragraph to obtain information concerning his file.

O.C. 1856-87, s. 6; S.Q. 1986, c. 91, s. 655; O.C. 1844-92, s. 2.

7.Subject to a minimum amount of $25, the fees for the reproduction, transcription or transmission of the list of permit and licence holders whose names appear on documents that must be posted by law are $0.01 per name.

O.C. 1856-87, s. 7.

8.Subject to a minimum amount of $100, the fees to be paid for the reproduction or transcription of computerized information requiring a central processing unit reading of an aggregate of files concerning different persons is calculated at $1.05 per second of computer time required to process the request.

Where the request also requires the reproduction and transcription of individualized data, the following costs shall be added to the charges covered by the first paragraph: